Mack Fleet Pty Ltd v Transport for NSW [2020] NSWCA 149

Mack Fleet Pty Ltd v Transport for NSW [2020] NSWCA 149

The District Court judge had discretion whether to submit a question of law under s 5B Criminal Appeal Act 1912 (NSW); the applicant's question was not a question of law but poorly formulated and lacking merit. Refusal to submit did not amount to jurisdictional error. The judicial review application was out of time and did not warrant extension as no adequate justification for delay was offered. The applicant's arguments on statutory interpretation and error of law were rejected; orders were made refusing the extension and dismissing the application with costs.

Jurisdiction
Australia
Judgment Date
21 July 2020
Procedural Posture
Judicial Review / Application for Extension of Time to File Summons; Review of District Court Judge's Refusal to Submit Question of Law Under S 5 B Criminal Appeal Act
Outcome
Extension of time refused; summons dismissed with costs
Legal Topics
['appeal From Local Court to District Court' 'submission of Question of Law Under Criminal Appeal Act 1912 (nsw), S 5 B' 'time Limits for Applications' 'jurisdictional Error' 'heavy Vehicle National Law Offences' 'extension of Time Under Uniform Civil Procedure Rules 2005 (nsw), R 59.10(1)']
['criminal Law' 'judicial Review' 'practice and Procedure'] ['appeal From Local Court to District Court' 'submission of Question of Law Under Criminal Appeal Act 1912 (nsw), S 5 B' 'time Limits for Applications' 'jurisdictional Error' 'heavy Vehicle National Law Offences' 'extension of Time Under Uniform Civil Procedure Rules 2005 (nsw), R 59.10(1)']

Case Brief

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Procedural Posture

Judicial Review / Application for Extension of Time to File Summons; Review of District Court Judge's Refusal to Submit Question of Law Under S 5 B Criminal Appeal Act

Legal Issues

  1. 1 ['Whether District Court judge was obliged to submit a question of law to Court of Criminal Appeal under s 5B Criminal Appeal Act 1912 (NSW)' 'Whether power under s 5B is discretionary or mandatory' 'Whether the question posed by applicant involved a question of law' 'Whether refusal to submit the question constituted jurisdictional error' 'Whether extension of time should be granted for the judicial review application']

Ratio Decidendi

The District Court judge had discretion whether to submit a question of law under s 5B Criminal Appeal Act 1912 (NSW); the applicant's question was not a question of law but poorly formulated and lacking merit. Refusal to submit did not amount to jurisdictional error. The judicial review application was out of time and did not warrant extension as no adequate justification for delay was offered. The applicant's arguments on statutory interpretation and error of law were rejected; orders were made refusing the extension and dismissing the application with costs.

Court Disposition

Extension of time refused; summons dismissed with costs

Orders

  • ['Direct that the name of the respondent be amended to Transport for NSW.' "Refuse the applicant an extension of time to file the summons seeking review of Judge King's decision refusing to submit a question of law under s 5B Criminal Appeal Act 1912 (NSW)." "Order the applicant to pay the respondent's costs in this...